Terms & Conditions

Last Updated: October 16, 2016

Terms of Service

These Terms of Service (“Terms of Service” or “Terms”), including the Privacy Policy and Payment Terms incorporated herein, are an agreement between Golfpay LLC (“Golfpay”) and users of its website and/or mobile application ("you"). This agreement (the "Agreement") governs your use of the services made available through Golfpay’s website (the "Website"), Golfpay’s mobile application (“App”), and/or other services (collectively, the “Online Services”). By downloading/using the Online Services, you acknowledge that you have reviewed and agree to be bound to all of the Terms of thisAgreement in connection with your use of the Online Services. Your use of certain parts of the Online Services may also be subject to additional terms outlined elsewhere on the Website or App. If you do not agree to any of these Terms, please delete the App from your mobile device and/or tablet and cease use of the Online Services.

Golfpay reserves the right to modify or supplement any or all of the Terms of this Agreement from time to time without notice to you. Golfpay reserves the right, in its sole discretion, to terminate or change any or all part the Online Services at any time and without prior notice or liability. Your continued use or accessing of the Online Services following the posting of any change to the Terms constitutes your acceptance of such change. You acknowledge that you are aware of and accept the terms of Golfpay’s Privacy Policy and Payment Terms.

Registration

To use portions of the Online Services, you must register for an account (“Account”) and provide personal data including contact information. If you register for an Account, you agree to provide true and accurate information in connection with your registration and to keep that information current. Neither the Website or App is intended for use by persons under the age of 18. If you are under 18, you should use the App only with involvement of a parent or guardian. Use of information provided by you is subject to and governed by the Terms of this Agreement and Privacy Policy. You are solely responsible for any losses arising from the unauthorized use of your Account. You should promptly notify Golfpay of any unauthorized use of your Account or other breach of security. You may terminate your Account at any time by sending an email to support@golfpay.co. You agree you that you will not sell or transfer your Account. Golfpay may, in its sole discretion, terminate your Account.

Content

Information, software, text, photographs, graphics, links and other material (collectively, the "Content") provided on the Website and App are protected by copyright, trademark or other proprietary rights of Golfpay, or third parties. Golfpay grants you a limited nonexclusive license to use the information on the Website and App for noncommercial use (“Use License”). This is a grant of a license, not a transfer of title. Under this Use License you may not: (i) modify or copy the materials; (ii) use the materials for any commercial purpose; or (iii) remove any copyright or other proprietary notations from the materials. This Use License shall automatically terminate if you violate any of these Terms. If you have any questions, complaints, or claims with respect to the Use License, please contact, Golfpay, at (602) 491-2000, or by email at support@golfpay.co

Golfpay may include or provide links on the Website and App to other websites on the Internet. Golfpay makes not warranties or guarantees as to the information or services provided by such external sites. You acknowledge and agree that Golfpay has no control over such sites and is not responsible for any of your activity on such sites.

The Online Services may include the ability to receive text messages from Golfpay. Your carrier may charge you for standard messaging, data, and other fees, of which Golfpay has no responsibility or liability.

Disputes with Third Parties

You are solely responsible for any activities and/or interaction with third parties, including, golf course owners, managers, staff, and other golfers, including golfers in your party.

Your Conduct

Golfpay’s Online Services are for your personal and non-commercial use. You are solely responsible for your use of the Online Services, and for any consequences thereof. It is a condition of your use of the Online Services that you do not: (i) sell or transfer tee times you book using the Online Services; (ii) decompile, reverse engineer or disassemble the Online Services except as may be permitted by applicable law; or (iii) attempt to gain unauthorized access to the Online Services. You agree not to upload, post or email any content or information that (i) is confidential, (ii) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (iii) contains viruses or other contaminating or destructive features, (iv) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (v) disrupts the Services, or (vi) otherwise violates any applicable law.

You are not authorized to use these Online Services in any jurisdiction where the terms of this Agreement are not enforceable. Those who choose to access the Online Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE ONLINE SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. THE CONTENT MATERIALS ON THIS WEBSITE AND APP ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. GOLFPAY DOES NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH GOLFPAY. NOR DO THEY GUARANTEE THAT THE ONLINE SERVICES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLFPAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE INFORMATION ON THIS WEBSITE AND APP OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES SHALL GOLFPAY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THE ONLINE SERVICES AND THEIR CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THE ONLINE SERVICES; (3) THE ACTION OR INACTION OF ANY GOLF COURSE, GOLF COURSE MANAGEMENT, OWNERS, STAFF, AND OTHER GOLFERS, INCLUDING GOLFERS IN YOUR GROUP; (4) YOUR ACTIVITIES AT OR TRAVELING TO OR FROM A GOLF COURSE; (5) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE WEBSITE AND APP; OR (6) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF GOLFPAY IS ADVISED OF THE POSSIBILITY THEREOF.

Limitation of Liability

IF YOU BECOME DISSATISFIED WITH THESE ONLINE SERVICES, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THESE ONLINE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND/OR APP. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND GOLFPAY AND THE WEBSITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GOLFPAY, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOLFPAY OR ITS AFFILIATES, AGENTS OR LICENSORS EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THESE ONLINE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.

Indemnification

You agree to indemnify, defend, and hold Golfpay harmless from and against any and all claims, losses, damages and expenses (including attorneys' fees) in any way relating to or arising or resulting from your use of the Online Services or breach of these Terms, regardless of the form of action.

Governing Law

You and Golfpay agree that all actions or proceedings arising in connection with this Agreement, the Online Services, or the relationship between you and Golfpay shall be adjudicated in federal or state courts located in Phoenix, Arizona and such disputes shall be governed in all respects by the laws of the State of Arizona, U.S.A., without reference to its laws relating to conflicts law.

General Terms

No failure or delay by Golfpay in exercising its rights under this Agreement or these Terms will operate as a waiver thereof. This Agreement constitutes the entire agreement between you and Golfpay with respect to the Online Services, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the Terms of this Agreement and any additional terms or the Privacy Policy, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, this Agreement will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. The section titles in these Terms of Service are for convenience only and have no legal effect. You shall not assign your rights or obligations hereunder without Golfpay’s prior written consent.

Terms Applicable for Apple iOS

If you are accessing the Online Services through an Apple device, the following additional terms are applicable to you. You acknowledge that (i) this Agreement is between you and Golfpay, and not with Apple; (ii) you, not Apple, are solely responsible for the Use License, granted to you in herein, and the content thereof; (iii) Golfpay, not Apple, is responsible for providing the Online Services; (iv) Apple has no obligation to furnish any maintenance and support to you with respect to the Online Services; (v) Golfpay, not Apple, is solely responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed in elsewhere in this Agreement; (vi) notwithstanding anything to the contrary herein, that between Apple and Golfpay, Golfpay, not Apple, is responsible for addressing any claims of third parties relating to the Online Services or your use of the Online Services, including, but not limited to: (a) product liability claims; (b) any claim that the Online Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. As set forth in this Agreement, Golfpay’s liability to you for your use of the Online Services is greatly limited; (v) if the Online Services, or your use of the Online Services infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vi) Apple, and Apple’s subsidiaries, are third party beneficiaries to this Agreement, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the you as a third party beneficiary thereof.

Payment Terms

These Payment Terms apply to transactions made through Golfpay’s Online Services. The person booking the tee time is known as the “Organizing Golfer”.

Payment

Deposits and green fees can be paid for through the use of the Online Services. Each transaction is governed by these Payment Terms and the Terms of Service. You must be 18 years of age or older to make a purchase through the Online Services. You will be responsible for paying all applicable taxes in connection with your purchase of any tee times. Golfpay is not responsible for any aspect of your golfing experience, and you understand that the policies of the golf course at which you book a tee time will be applicable to you.

Pricing

You agree that Golfpay is not responsible or otherwise liable for the pricing displayed on the Online Services. In the event you book a tee time with an incorrect price, Golfpay reserves the right to cancel your tee time, notify you, and refund your money.

Rolling Deposit

Every time you book a tee time using the Online Services, Golfpay collects a deposit in the amount of $2.00 per player from the Organizing Golfer (the “Deposit(s)”). The Organizing Golfer is responsible for paying the Deposits for all the golfers in the group. For each golfer in the group that pays for his/her green fees through Golfpay’s payment system, the Organizing Golfer’s Account is credited with $2.00. No credit is provided for a golfer that does not make use of Golfpay’s payment system, pays the green fee through some other means, or fails to show up for his/her tee time. If the entire group’s round is purchased through Golfpay, the Organizing Golfer’s Account will be credited with his full Deposit. This credit can be used towards green fees, and only green fees, for a future round of golf. Deposits and credits have no cash value and are non-transferable. You may redeem your credits only through Golfpay. Golfpay is not responsible for the use of credits from an Account that has been compromised or otherwise used without your permission. Credits earned will be subject to a service charge in the amount of the credit balance if an Account is inactive for 12 consecutive calendar months. The Deposit is refundable only if the Organizing Golfer cancels the entire reservation at least 24 hours in advance of the tee time. Golfpay reserves the right to change the Deposit amount from time to time.

Cancellations

Cancellations must be completed at least 24 hours in advance of your tee time. Failure to properly cancel or change a reservation will result in you being classified as a no-show. You will be responsible for any applicable charges in the event of a no-show per the applicable golf course’s policies. No-shows will forfeit their Deposits. Green fees are non-refundable.

Loyalty Program

Some golf courses may elect to set up a loyalty program ("Loyalty Program") where Organizing Golfers may earn loyalty points (“Loyalty Points”) when checking in through Golfpay. You acknowledge that not every course will have a loyalty program and not every round of golf will earn you Loyalty Points. If eligible, the Organizing Golfer may earn Loyalty Points for golf rounds booked through Golfpay. Once the Organizing Golfer has earned enough Loyalty Points to earn a loyalty credit ("Loyalty Credit"), per the golf course’s requirements, he/she may redeem it through Golfpay for a free round of golf at that course. Loyalty Credits expire after 6 months. All loyalty programs, as well as the issuing and redeeming of Loyalty Points and Loyalty Credits, are the sole responsibility of the participating golf course. Golfpay assumes no responsibility for and makes no representations or promises regarding the availability or functionality of loyalty programs and Loyalty Credits. A golf course may choose to cancel its loyalty program at any time. If so, Golfpay will endeavor to provide notice and up to 90 days to allow you to redeem your Loyalty Credits with that course. The Loyalty Credits have no monetary value and are non-transferable. Golfpay is not responsible for the use of Loyalty Credits from an Account that has been compromised or otherwise used without your permission.

Rain Checks

Golfpay makes no representations or promises as to whether a golf course will issue a “rain check” if you are unable to play because of weather conditions. You acknowledge that some golf courses may elect to issue a rain check through Golfpay, while others will not. If the golf course offers you a rain check, you will receive a notification through Golfpay. For those golf courses that do issue rain checks, those rain checks are governed by that golf course’s policies. Golfpay assumes no responsibility for issuing or honoring rain checks.

Home Course

The first golf course that you book a round of golf at through Golfpay will be known as your “Home Course.” You agree that we may share your name and email address with the Home Course that you signed up under, to send you correspondence about events or promotions. If you wish to unsubscribe from receiving the Home Course promotions, you may do so in accordance with privacy laws, by opting out of these promotions by unsubscribing to these emails.

For More Information

If you have any questions, concerns, or comments about GolfPay, please email us at support@golfpay.co, or write us at: